BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
vs.
COMMUNITY LANDFILL COMPANY,
INC., an Illinois corporation, and
the
CITY OF MORRIS, an Illinois
municipal corporation,
Respondents.
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PCB No. 03-191
(Enforcement)
NOTICE OF FILING
TO: Christopher Grant
Environmental Bureau
Assistant Attorney General
69 West Washington
18th Floor
Chicago, Illinois
60602
Charles F. Helsten
Richard
S. Porter
Hinshaw
&
Culbertson, LLP
100 Park
Avenue
P.O. Box 1389
Rockford, Illinois
61105-1389
Bradley Halloran
Hearing
Officer
Illinois Pollution Control Board
100 West Randolph
Suite
11-500
Chicago, Illinois 60601
Scott Belt
Scott Belt and Associates,
PC
I 05 East Main Street
Suite
206
Morris, II1inois 60450
PLEASE TAKE NOTICE
that on
July 27, 2009,
the undersigned caused to be filed
electronically before The Illinois Pollution Control Board
COMMUNITY LANDFILL CO.,
INC.'S MOTION FOR RECONSIDERATION OF
THE ILLINOIS POLLUTION
CONTROL BOARD'S ORDER
DATED
JUNE
18, 2009
with the Clerk of the Illinois
Pollution Control Board,
100 W. Randolph Street, Suite 11-500, Chicago, II1inois 60601, a copy
of which is attached and hereby served upon you.
/s/ Clarissa
Y.
Cutler
One of the Attorneys for Community Landfill Co.
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Mark A. LaRose
LaRose
&
Bosco, Ltd.
200 North LaSalle Street, Suite 2810
Chicago, Illinois 60601
(312) 642-4414
Clarissa
Y. Cutler
Attorney at Law
155 North Michigan Avenue,
Suite 375
Chicago
1L 60601
(312) 729-5067
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, clerk's Office, July 27, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
ex reZ.
LISA MADIGAN, Attorney
)
General
of the State of Illinois,
)
Petitioner,
-vs-
COMMUNITY LANDFILL
CO., an
Illinois corporation, and
the CITY
OF MORRIS, an Illinois
municipal corporation,
Respondents.
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PCB 03-191
(Enforcement - Land)
COMMUNITY LANDFILL CO., INC.'S MOTION FOR RECONSIDERATION OF THE
ILLINOIS POLLUTION CONTROL BOARD'S ORDER DATED
JUNE
18,2009
Respondent, COMMUNITY LANDFILL CO., INC., by and through its attorneys Mark
A.
LaRose of LaRose
&
Bosco, Ltd. and Clarissa Y. Cutler, pursuant to 35 IlI.Adm. Code
101.520(a) and 101.902, hereby move the Illinois Pollution Control Board to reconsider its Order
dated June 18,2009, and in support thereof, states as follows:
I.
On June 18, 2009, the Illinois Pollution Control Board issued an Opinion and
Order of the Board in the above captioned matter. The Order is attached to Community Landfill
Co., Inc.
's Memorandum in Support of its Motion for Reconsideration of tile Illinois Pollution
Control Board's
Order Dated June 18,2009.
2.
Community Landfill Co., Inc.'s ("CLC") Motion to Reconsider the Illinois
Pollution Control Board's
Order Dated June 18, 2009 is timely filed pursuant to 35 IlI.Adm.
Code 1
01.520(a), which allows a motion for reconsideration of an order by tile Illinois Pollution
Control Board
("Board") to be filed 35 days after receipt of an order. In the present matter, the
Order was received via registered mail by CLC on June 22, 2009. This motion was timely filed
Electronic Filing - Received, clerk's Office, July 27, 2009
on July 27, 2009.
3.
For the reasons set forth in its Memorandum in Support of its Motion for
Reconsideration
of the Illinois Pollution Control Board's Order Dated June 18, 2009, CLC
moves the Board for reconsideration and seeks a revised
Order as follows:
A.
In regard to its June 18, 2009 Order:
1.
Order tIlat a civil penalty against CLC in the amount of $1,059,534.70 is vacated
as not justified based on the clear factors in mitigation pursuant to Sections 33(c) and 42(h) of
the Act as set forth above;
2.
Order that tile "affirmative" relief requiring CLC and the City, jointly and
severally to post financial assurance in the amount
of $17,427,366 and submit revised cost
estimates and updating financial assurance is vacated as not justified under Section
33 of the Act.
3.
Alternatively, order that the timing
of sUbmitting cost estimates and financial
assurance should be revised;
4.
Order that if any monetary penalty is imposed, the Agency is precluded from
making a claim on the Frontier bonds
B.
In regard to its February 16,
2006 Order:
5.
Order that Board mistalcenly ruled that there were no genuine issues of material
fact that adequate financial assurance was posted; and
6.
Order that the Board erroneously applied offensive collateral estoppel to
determine that any issues regarding the Frontier bonds have been resolved.
2
Mark
A.
LaRose
LAROSE
&
BOSCO, LTD.
200 Nortb LaSalle Street,
Suite 2810
Chicago IL 6060 I
(312) 642-4414
Clarissa Y. Cutler
Attorney at Law
155 Nortb Michigan Avenue
Suite 375
Chicago IL 60601
(312) 729-5067
Respectfully submitted,
lsi
Clarissa Y. Cutler
One
of the Attorneys for
COMMUNITY LANDFILL CO., INC.
3
Electronic Filing - Received, clerk's Office, July 27, 2009
CERTIFICATE OF SERVICE
I, Clarissa Y. Cutler, an attorney, hereby certify that I caused to be served a copy of the
foregoing
COMMUNITY LANDFILL CO., INC.'S MOTION FOR RECONSIDERATION
OF THE ILLINOIS POLLUTION CONTROL BOARD'S ORDER DATED
JUNE
18,
2009, by electronically filing and by placing the same in the United States Mail, first-class
postage prepaid, this 27th day
of July 2009, addressed as follows:
Christopher Grant
Environmental Bureau
Assistant Attorney General
69 West Washington
18th Floor
Chicago, Illinois
60602
Charles F. Helsten
Richard
S. Porter
Hinshaw
&
Culbertson, LLP
100 Park
Avenue
P.O. Box 1389
Rockford, Illinois 61105-1389
Mark
A.
LaRose
LaRose
&
Bosco, Ltd.
200 North LaSalle Street, Suite 2810
Chicago, Illinois 60601
(312) 642-4414
Clarissa
Y. Cutler
Attorney at Law
155 North Michigan Avenue, Suite 375
Chicago
IL 60601
(312) 729-5067
Bradley Halloran
Hearing
Officer
Illinois Pollution Control Board
100 West Randolph
Suite
11-500
Chicago, Illinois 60601
Scott Belt
Scott Belt and Associates,
PC
105 East Main Street
Suite
206
Morris, Illinois 60450
lsi
Clarissa Y. Cutler
One ofthe Attorneys for Community Landfill Co.
Electronic Filing - Received, clerk's Office, July 27, 2009